1. Religious Diversity: A Strength for America Debbie Burchfield Assistant Superintendent Jenks Public Schools

2. Jenks Public Schools Mission Statement: Jenks Public Schools, inspired by a tradition of excellence, is committed to the shared responsibility of preparing all learners for productive, responsible citizenship in an ever-changing world. –In addition to promoting excellence in academics, the school’s job is to help build our students’ “civic character” –To do so, we as educators must be cognizant not only of our own freedom and rights as Americans, but of the rights of all—even those who are different from us

3. DOES THIS SEEM FAMILIAR? Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

4. First Amendment: Yes, it’s the First Amendment to the U.S. Constitution Yes, it’s the First Amendment to the U.S. Constitution We will focus today on one piece: We will focus today on one piece: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

5. Challenge for Schools Implementation of First Amendment into the Public Schools as it Pertains to Religion is a challenge because: Implementation of First Amendment into the Public Schools as it Pertains to Religion is a challenge because: 1) There are political and cultural dimensions 2) Challenge is heightened by increasingly diverse school population with polarized philosophical orientations regarding religion

6. First Amendment: Anyone in America is given rights by birth, not by government Anyone in America is given rights by birth, not by government American government protects rights—doesn’t take them away American government protects rights—doesn’t take them away However, a different standard is set for educators who must avoid promoting a particular religion or non- religion viewpoint, or making students feel “coerced” in any way. However, a different standard is set for educators who must avoid promoting a particular religion or non- religion viewpoint, or making students feel “coerced” in any way.

7. Wearing the First Amendment Hat As an educator, we sign up to wear the First Amendment Hat to protect the rights of others As an educator, we sign up to wear the First Amendment Hat to protect the rights of others It’s our civic duty and purpose as an educator to do so. It’s our civic duty and purpose as an educator to do so. The First Amendment directs us to neither promote nor inhibit one religion over another. Neither should we promote religion over non-religion The First Amendment directs us to neither promote nor inhibit one religion over another. Neither should we promote religion over non-religion

8. Implications of First Amendment Schools are charged with creating a balance and remaining neutral in Schools are charged with creating a balance and remaining neutral in their approach to religion; two approaches have failed: 1) Sacred Public School 2) Naked Public School

9. Two “Failed Models” 1. The Sacred Public School = excessive prayer/worship with an unfair emphasis on Christianity 2. The Naked Public School = eliminating religion of any kind from every aspect of public school

10. Civic Public School: Preferred Model Public schools may not encourage nor inhibit religion Public schools may not encourage nor inhibit religion Public schools are to uphold the First Amendment when they protect religious liberty rights of students of all faiths or none. Public schools are to uphold the First Amendment when they protect religious liberty rights of students of all faiths or none. Teachers demonstrate fairness when they ensure that the curriculum includes study about religion, where appropriate, as an important part of a complete education. Teachers demonstrate fairness when they ensure that the curriculum includes study about religion, where appropriate, as an important part of a complete education.

11. Why a Religion Policy? School Districts need a policy to insure equity for all students School Districts need a policy to insure equity for all students Jenks Public Schools Religion Policy was created by school staff members, parents, community faith leaders, and attorneys. Jenks Public Schools Religion Policy was created by school staff members, parents, community faith leaders, and attorneys. It is based on constitutional and case law It is based on constitutional and case law

12. CONSTITUTIONAL v. CASE LAW First Amendment—based on Constitutional Law, i.e. law established by Congress First Amendment—based on Constitutional Law, i.e. law established by Congress Case Law – established by the courts, most notably, the Supreme Court of the United States. Case Law – established by the courts, most notably, the Supreme Court of the United States. Everson V. Board of Education, 1947-example of case law Everson V. Board of Education, 1947-example of case law Jefferson’s term “wall of separation” between church and state is discussed here. This term is not mentioned in the First Amendment; but we adhere to it because it is a point of case law

13. The Lemon Test Lemon v. Kurtzman, 1971-example of case law Three part “Lemon Test”: Does the government (in this case, school) action, have a bona fide secular or civic purpose? (Example: What other holidays might fall in December that would give you an opportunity to teach beyond Christianity?) Does the government (in this case, school) action, have a bona fide secular or civic purpose? (Example: What other holidays might fall in December that would give you an opportunity to teach beyond Christianity?) The primary effect neither advances nor inhibits religion. In other words, is it neutral? The primary effect neither advances nor inhibits religion. In other words, is it neutral? Does the law avoid excessive governmental entanglement with religion? Does the law avoid excessive governmental entanglement with religion?

14. RELIGION POLICY (1.38) Jenks Public Schools Religion Policy is based on the First Amendment (Constitutional law) and Case Law Jenks Public Schools Religion Policy is based on the First Amendment (Constitutional law) and Case Law Policy found at www.jenksps.org in JPS Policies and Procedures Handbook Policy found at www.jenksps.org in JPS Policies and Procedures Handbookwww.jenksps.org Administrative Directive - JPS Staff Handbooks - provides additional information pertaining to the policy Administrative Directive - JPS Staff Handbooks - provides additional information pertaining to the policy

15. JPS RELIGION POLICY Meant to be sensitive to individual beliefs and respectful of established law Meant to be sensitive to individual beliefs and respectful of established law Speaks to the proper role of religion in schools, i.e. its educational value; not in religious observance or celebration Speaks to the proper role of religion in schools, i.e. its educational value; not in religious observance or celebration Tells us that we may not aid or prefer one religion over another OR aid all religions and show preference for religion over non-religion Tells us that we may not aid or prefer one religion over another OR aid all religions and show preference for religion over non-religion

16. Issues Encountered: Student Rights Student Rights Curriculum Curriculum School Activities School Activities

17. ISSUES STUDENT RIGHTS STUDENT RIGHTS Absences for Religious Holidays - students must not be penalized - students must not be penalizedPrayer - individually or in groups - individually or in groups - should not become a distraction to the educational process - should not become a distraction to the educational process Bible Reading (or other Holy Book) - individually or in groups - individually or in groups

18. Student Rights Distribution of Materials - process determined by school district - process determined by school district Religion Clubs - Allowed by Federal Equal Access Act - Allowed by Federal Equal Access Act Expression in the Classroom - cannot be a distraction to the learning process - cannot be a distraction to the learning process Religious Persuasion - cannot become harassment - cannot become harassment

19. Student’s Religious Liberties Prayer (as long as it doesn’t infringe upon the rights of others or disrupt the educational process) Prayer (as long as it doesn’t infringe upon the rights of others or disrupt the educational process) Religious Expression (in written or oral assignments, artwork, etc.) Religious Expression (in written or oral assignments, artwork, etc.) Distribution of Literature (under a structure such as JPS Materials Distribution Policy) Distribution of Literature (under a structure such as JPS Materials Distribution Policy) Student Religious Clubs (student must lead club, not teacher) Student Religious Clubs (student must lead club, not teacher)

20. ISSUES CURRICULUM CURRICULUM Teaching about Religion/Religious Holidays: Teaching must be done objectively and accurately, fostering knowledge about religion, not indoctrination. It should be academic, not devotional or testimonial.

21. Teaching about Religion Maintain Constitutional Neutrality (First Amendment) Maintain Constitutional Neutrality (First Amendment) Civic Obligation: (our public schools must reflect how we as a country want to be represented and provide a well- rounded education that will serve our students well as they become adults engaging in foreign policy, cultural appreciation, business, travel, etc. Civic Obligation: (our public schools must reflect how we as a country want to be represented and provide a well- rounded education that will serve our students well as they become adults engaging in foreign policy, cultural appreciation, business, travel, etc. Educational Mandate: We must learn about each other in order to live with each other. Educational Mandate: We must learn about each other in order to live with each other.

22. Curriculum Student Expression in Assignments: Students may express their religious beliefs in class oral or written assignments, class discussions, homework, artwork, etc. Excusal from lessons: Students should be provided alternate assignments when requested and/or appropriate

23. ISSUES School Activities School Activities Programs—Music, Drama -Should serve an educational purpose, not celebratory -Be aware of the diversity of religious beliefs among your students; a variety of musical or dramatic elements speaking to that diversity is always appreciated by your customers! -Secular music, as opposed to a full program of sacred music, is acceptable

24. ISSUES – School Activities Holiday Parties, Decorations - Secular in nature, i.e. Santa, reindeer, elves, Christmas trees are okay (no angel on the top!) Decorating should begin no more than two weeks prior to a holiday - Secular in nature, i.e. Santa, reindeer, elves, Christmas trees are okay (no angel on the top!) Decorating should begin no more than two weeks prior to a holiday - Exchanging Christmas presents is discouraged for reasons that have nothing to do with religion! - Exchanging Christmas presents is discouraged for reasons that have nothing to do with religion! - Permission must be obtained from principal prior to having parties - Permission must be obtained from principal prior to having parties

25. ISSUES – School Activities Holiday Themed Lessons, Music in the classroom: Holiday Themed Lessons, Music in the classroom: - Should be secular in nature, unless the lesson is educational and speaks to the appropriate standards and objectives for your curriculum. - Should be secular in nature, unless the lesson is educational and speaks to the appropriate standards and objectives for your curriculum.

26. ADMINISTRATIVE DIRECTIVE You are encouraged to read the District Religion Policy (1.38) found in the JPS Policies and Procedures handbook. And, the Administrative Directive found in Teacher Handbooks at each site and on the JPS website will be useful at it is: –More specific; –Gives examples; and –Fully defines the difference between sacred and secular

27. Another great resource Charles Haynes: Former educator; now senior scholar at First Amendment Center Charles Haynes: Former educator; now senior scholar at First Amendment Center Buzz Thomas: Baptist minister, lawyer, and former school board member Buzz Thomas: Baptist minister, lawyer, and former school board member These advocates for the First Amendment present “Finding Common Ground” seminars in our area on a regular basis These advocates for the First Amendment present “Finding Common Ground” seminars in our area on a regular basis For more information log onto: www.freedomforum.org For more information log onto: www.freedomforum.org

28. Survival America needs diversity to survive in an increasingly global society America needs diversity to survive in an increasingly global society We depend on trade and the differences in various cultures to support our life styles We depend on trade and the differences in various cultures to support our life styles These differences include race, religion, and cultural beliefs and practices—We must accept them if we intend to remain a viable stakeholder in the world both politically and economically These differences include race, religion, and cultural beliefs and practices—We must accept them if we intend to remain a viable stakeholder in the world both politically and economically

29. POINTS TO REMEMBER Be respectful of student rights Be respectful of student rights You may Teach; you may not Preach You may Teach; you may not Preach Teaching about Religion is encouraged; Teaching about Religion is encouraged; but must align with curriculum objectives Be sensitive: Not all students celebrate the same holidays the same way Be sensitive: Not all students celebrate the same holidays the same way

30. Questions? Visit with your site administrators or supervisor Visit with your site administrators or supervisor Contact Debbie Burchfield, Assistant Superintendent at debbie.burchfield@jenksps.org Contact Debbie Burchfield, Assistant Superintendent at debbie.burchfield@jenksps.org debbie.burchfield@jenksps.org Acknowledgements: Charles C. Haynes and Oliver Thomas, “Finding Common Ground, A Guide to Religious Liberty in Public Schools,” First Amendment Center, 2002. Many thanks to Jennifer Freeman, Jenks Alternative Center teacher, for her contributions to this presentation.